Shoulder Dystocia Birth Injury Lawyer in San Antonio

Risk Factors an OB-GYN Is Expected to Weigh

Shoulder dystocia isn’t always predictable, but certain maternal and labor conditions raise its likelihood during vaginal delivery. An OB-GYN who recognizes these factors carries a responsibility to account for them in the delivery plan.

Recognized risk factors include:

• Macrosomia: A baby weighing over roughly 8 pounds, 13 ounces places greater mechanical demand on the delivery.
• Diabetes: Both preexisting diabetes and gestational diabetes are associated with a higher likelihood of shoulder dystocia.
• Prior shoulder dystocia: A mother who experienced shoulder dystocia in a previous delivery faces a higher probability of recurrence.
• Labor induction and epidural use: Oxytocin-induced labor and epidural analgesia, along with an abnormally short or long second stage of labor, are associated risk factors.
• Assisted vaginal delivery: Use of forceps or vacuum extraction is one of the strongest contributing factors recognized in obstetric literature.

Injuries That Can Follow Shoulder Dystocia

The harm from shoulder dystocia depends largely on how the emergency was managed and how long delivery was delayed. We handle cases involving several of the conditions that can result from this event.

Brachial Plexus Injury and Erb’s Palsy
Excessive traction applied to the baby’s head and neck during delivery can stretch or tear the brachial plexus nerves that control arm and hand function. Erb’s palsy and Klumpke’s palsy are both forms of brachial plexus damage that can leave a child with partial or complete arm weakness.

Hypoxic-Ischemic Encephalopathy and Cerebral Palsy
A prolonged delivery reduces the baby’s oxygen supply. Deprivation that rises to the level of hypoxic-ischemic encephalopathy (brain injury caused by reduced oxygen and blood flow) can contribute to cerebral palsy and other lasting neurological conditions.

Fractures
The clavicle and humerus are the bones most often fractured during a shoulder dystocia emergency.

Maternal Injuries
Mothers can sustain perineal tears, postpartum hemorrhage, or symphyseal separation (separation of the joint connecting the two sides of the pubic bone) as a result of the complication or its management.

Texas Filing Deadlines for Birth Injury Claims

Medical malpractice claims in Texas are subject to specific deadlines, and missing them can end the right to recover. Understanding these rules early matters.

• Two-year statute of limitations: In most cases, a medical malpractice claim must be filed within two years of the date the breach of care occurred.
• Extended deadline for children: If the child was under 12 years old at the time of the injury, Texas law extends the filing deadline to the child’s 14th birthday.
• Ten-year statute of repose: Texas imposes an outer deadline of ten years from the date of the act or omission, regardless of when the injury was discovered. This applies even when the extended child’s deadline would otherwise allow more time.
• Physician’s report requirement: Texas law requires a plaintiff in a medical malpractice case to file a supporting medical opinion from a physician early in the litigation, within 120 days of the defendant filing an answer. Missing this step can result in dismissal.

These deadlines interact in ways that aren’t always obvious. Speaking with our attorneys as soon as possible after a shoulder dystocia injury gives families a clearer picture of their options and their timeline.